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Patna High Court

Bablu MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and dismissed the bail application.

Summary

The petitioners, Bablu Mandal and Bandhu Mandal, were arrested in connection with a case registered under Sections 103(1) and 3(5) of the BNS, 2023, alleging that they assaulted an informant’s brother who later died while receiving treatment. They have been in custody since 15 October 2025 and filed an application for regular bail. The prosecution contended that the allegations were serious, involving a fatal assault. The Court examined the seriousness of the charges and the fact that the accused have been detained for several months. Concluding that the nature of the offence warranted continued detention, the Court refused to grant bail and dismissed the application.

Issues considered

  • Whether the petitioners are entitled to regular bail in a case involving assault leading to death under Sections 103(1) and 3(5) of the BNS, 2023

Legislation cited

Subjects

  • regular bail
  • assault
  • death in custody
  • BNS 2023
  • serious allegations
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15657 of 2026
                       Arising Out of PS. Case No.-224 Year-2025 Thana- LODIPUR District- Bhagalpur
                  ======================================================
            1.     Bablu Mandal S/o Shri Shiru Mandal R/o Village - Shrirampurdih, P.S -
                   Lodipur, District - Bhagalpur
            2.     Bandhu Mandal @ Bandhu Kumar S/o Shri Shiru Mandal R/o Village -
                   Shrirampurdih, P.S - Lodipur, District - Bhagalpur
                                                                             ... ... Petitioner/s
                                                      Versus
                  The State of Bihar Bihar
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Ravindra Kumar Sinha
                  For the Opposite Party/s :        Mr. Md. Fahimuddin
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    16-03-2026                    Heard the parties.

                                   2. This application has been filed on behalf of the

                    petitioners who are seeking regular bail in connection with

                    Lodipur P.S. Case No. 224 of 2025 registered for the offence

                    under Sections 103(1), 3(5) of the BNS, 2023.

                                   3. As per the prosecution case, the petitioners are

                    accused of assaulting the informant’s brother, who died during

                    the course of treatment.

                                 4. The petitioners are in custody since 15.10.2025.

                                 5. Considering the serious allegations levelled against

                    the petitioners, this Court is not inclined to grant bail to the

                    petitioners.

                                 6. Accordingly, this application stands dismissed.


                                                               (Sandeep Kumar, J)
Vikas/-
U


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